Trump reverses Obama guidance on transgender students

Thursday

Feb 23, 2017 at 11:15 AMFeb 23, 2017 at 11:18 AM

By Andy MetzgerSTATE HOUSE NEWS SERVICE

The Trump administration on Wednesday returned transgender education policy to state and local jurisdictions, withdrawing a 2016 Obama administration guidance letter that had demanded schools treat students in accordance with their gender identity as opposed to their sex assigned at birth.

"Please note that this withdrawal of these guidance documents does not leave students without protections from discrimination, bullying, or harassment," read the letter from U.S. Department of Education Acting Assistant Secretary for Civil Rights Sandra Battle and Acting Assistant Attorney General for Civil Rights T.E. Wheeler. "All schools must ensure that all students, including LGBT students, are able to learn and thrive in a safe environment."

Massachusetts passed into law its own transgender access and anti-discrimination protections last year, and transgender access has become an increasingly popular stance in the business community around the country.

"The Trump Administration's reckless actions last night undermine the promise of civil rights and equal protection for all in this country," Boston Mayor Marty Walsh said in a statement.

During the debate over the Massachusetts law, transgender activists said they were subjected to discrimination in restaurants and health facilities because of their identity.

"The Trump Administration's decision to reverse the federal government's position on important protections for transgender students will subject vulnerable young people to harassment and intimidation," Attorney General Maura Healey said in a statement. "Every student deserves to be treated equally in our schools, and this decision sends a message that discrimination is acceptable."

According to the Trump administration, a federal court in Texas blocked enforcement of the Obama administration's interpretation, and "that nationwide injunction has not been overturned."

The Trump administration officials said the earlier guidance did not "contain extensive legal analysis or explain how the position is consistent with the express language of Title IX, nor did they undergo any formal public process."

The federal officials also said "there must be due regard for the primary role of the States and local school districts in establishing educational policy."

In Massachusetts, with the support of House Speaker Robert DeLeo and Senate President Stan Rosenberg along with transgender activists, lawmakers passed a bill allowing people to use the public bathroom corresponding to their gender identity, and Gov. Charlie Baker signed it into law last July.

"The students we worked with to pass 2016 #transgender law are some of the most courageous advocates I've met," DeLeo wrote on Twitter Wednesday night.

"This is a civil rights issue and it should not be left up to states to decide whether or not to discriminate against transgender youth anywhere in our communities, including our schools," Rosenberg said in a statement.

New federal policy rolling back the Obama administration's directive will not have a direct effect on Bay State schools.

"The administration's announcement has no impact on the Commonwealth's laws protecting students from discrimination in schools, under which schools have been successfully balancing the needs of all students for years, ensuring that transgender students - who already face exponentially higher levels of bullying and harassment than their peers - can participate fully and succeed in school just like their non-transgender peers," said Kasey Suffredini, co-chair of Freedom Massachusetts. "As always, Massachusetts is and remains a beacon of liberty and fairness, a point of local pride that matters more now than ever."

Sen. Julian Cyr, a Truro Democrat, said he was "alarmed and saddened" by the move, which he said sends a "cruel and harmful message to transgender students in Massachusetts."

Market Place

Community Blogs

Original content available for non-commercial use under a Creative Commons license, except where noted.
Brookline TAB ~ 254 Second Ave., Needham, Massachusetts 02494 ~ Privacy Policy ~ Terms Of Service